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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have had full custody of my daughter for 14 years. I hold

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I have had full custody of my daughter for 14 years. I hold the insurance and am over all decisions for her. But I was served papers 1 week ago granting temporary custody to my ex on the grounds of neglect and unsafe enviorment which both are untrue. This all came about after my step son and her were in a bad wreck in feb and she had to be lifeflighted to vanderbilt. My husband , Shannon and I stayed with her at vanderbilt and we brought her home. She stayed with us and never even offered to go to my exhusbands for 2 mths. I kept asking her she just didnt want to go. Then when she finally went she refused to come back to our house. She said she hated me and I didnt take care of her which wasnt true. When she came back I made an agreement with her that she could go for 2 weeks to my exs and come back to see us then another 2 weeks and come back july 1 but she never did. She now says she hates me again and refuses to talk to me. She suffered a bad concussion from the wreck mand she has a friend that smokes pot that i wont let her see but my ex will. Can he take her away from me even though there is no truth to what she has said i have plenty of witnesses including my 17 yr old step son whom lives with us all the time. What are the chances the judge will listen to her even though she has played both sides or will the judge see the whole picture. It has always been me or my husband now that has carried her everywhere

Thank you for your question. Please permit me to assist you with your concerns.

This is a most distressing situation, and I honestly hope and wish that your daughter is mending after the accident. A 14 year old herself has no right or ability to set terms of whom to see or whom not to see--she is not an adult, and parents are the ones who set the rules and conditions in such a situation.

As for taking her away from you, the judge obviously believed that side of the story. However this is a temp order, not permanent--on a temp basis such an order is valid but you can go to court and demand a formal hearing, with evidence, witnesses, and even a psychological evaluation for the child to ensure or show that the child may not be competent or coherent to make such judgment calls. A temp order is granted if there is enough basis to make a determination but it can be revoked or rescinded based on evidence.

I cannot tell you what the judge will do since one judge is not like the other. But having said that, the more evidence you bring, the far greater chance you will have that the judge will fairly review both sides before issuing his ruling on the petition.

Good luck.

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Customer: replied 4 years ago.

My step son who is 17 would be the main witness He lives with us all the time will the judge listen to him even though he is a child. i also had her drug tested earlier because of her mood changes and her friends smoke pot and drink i was afraid she was to. Is that going to go against me. it was in the papers I was served. I had an agreement with her about going to my ex husbands for the month of June and coming back to our house every 2 weeks to see us. I had her to sign it. Will that count for anything. I done that not because I didnt trust her but shechanges her story all the time since the wreck


Thank you for your follow-up and your patience. I was offline for the full 4th of July weekend due to family obligations. Please allow me to assist you this morning.

To answer directly, being 17 is old enough for the courts to legitimately listen and evaluate the minor's testimony. The courts do not have to follow his comments but they will still evaluate what he has to say. The fact that you tested your daughter for drug use is not going to be used against you, if anything it goes against claims of neglect or abuse because arguably only a caring parent would go though that on behalf of their child. Any contract you create with a minor is not enforceable, but it may go toward notice. Still, that is likely a non-issue.

Good luck.